U.S. Department of Labor Employment Standards Administration

Office of Workers' Compensation Programs

Division of Energy Employees Occupational

Illness Compensation

Washington, D.C. 20210

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OCT 3am

t.~ .4.1.1:10 RC~

Larry J. Elliott

Director, Office of Compensation Analysis and Support

National Institute for Occupational Safety and Health

Centers for Disease Control and Prevention

Mail Stop C-46

4676 Columbia Parkway

Cincinnati, Ohio 45226

Re: Return of All Cases for New SEC Classes: Y -12 Plant, 1943 -1947; and IAAP

Radiographers, 1948 - 1949

Dear Larry:

On August 25, 2005, the Secretary of the Department of Health and Human Services

(HHS), Michael Leavitt, designated the Y -12 Plant, 1943 - 1947, and IAAP

Radiographers, 1948 - 1949, for addition to the SEC in reports to Congress.

Y-12 Plant. 1943 -1947:

Department of Energy (DOE) employees or DOE contractor or

subcontractor employees who worked in uranium enrichment operations

or other radiological activities at the Y -12 facility in Oak Ridge,

Tennessee from March 1943 through December 1947 and who were

employed for a number of work days aggregating at least 250 work days,

either solely under this employment or in combination with work days

within the parameters (excluding aggregate work day requirements)

established for other classes of employees included in the SEC.

This designation became effective on September 24, 2005, as provided for under 42

V.S.C. § 7384/(14)(C). Hence, beginning on September 24, 2005, members of this class

of employees, defmed as reported in this notice, became members of the SEC.

A report attached to Secretary Leavitt's letter, entitled "HHS Designation of Additional

Members of the Special Exposure Cohort," provided the supporting rationale for

designating a class of employees from the Y -12 Plant in Oak Ridge, Tennessee from

March 1943 through December 1947.
Section IV, "Designation Findings," summarized NIOSH's fmding that "... it lacks

access to sufficient information to either estimate the maximum radiation dose for every

type of cancer for which radiation doses are reconstructed that could have been incurred

under plausible circumstances by any member of the class, or to estimate the radiation

doses of members of the class more precisely than a maximum dose estimate with

sufficient accuracy."

Also, "NIOSH found that employees involved in the calutron uranium enrichment

process were exposed to levels of airborne uranium products that cannot be determined

because of the absence of bioassay data for the time period and the lack of air sampling

sufficient to develop maximum exposure scenarios."

The discussion further notes, "MOSH is unable to estimate such doses based on source

term and process information for lack of documentation on the varying levels of

enrichment of the source materials and on the production rate of operations, and because

the manual recycling and cleaning activities are unique and not comparable to any

operations for which NIOSH has access to adequate monitoring data."

Finally, "There is not sufficient information for individual dose reconstruction on other

radiological activities during this time period, including the development of beneficial

radiological isotopes, development and testing of a neutron monitor, maintenance and use

of a large Radium 226 sealed source, and thorium extraction. However, NIOSH has

deterntined that it is possible to estimate the exposure that resulted from occupational

medical x-ray doses alone to complete sufficiently accurate dose reconstruction for this

class."

The Secretary of Health and Human Services has detennined that it is not feasible to

undertake dose reconstructions for the class of employees employed at Y -12 Plant from

March 1943 through December 1947. However, NIOSH has determined that it is

possible to estimate the exposure that resulted from occupational medical x-ray doses

alone to complete sufficiently accurate dose reconstruction for this class.

Thus, NIOSH should provide two lists of employees at the Y -12 Plant during the SEC

class period. One list should cover employees with specified cancers and the other list

should address employees with non-specified cancers. NIOSH should return all cases

with specified cancers (with the administrative record on a CD) to the Department of

Labor Jacksonville District Office for the Office of Workers' Compensation Programs to

complete adjudication as appropriate. DOL will review employment and medical

information for both lists of employees. Since NIOSH has determined that it is possible

to estimate the exposure that resulted from occupational medical X-ray doses alone, after

the district office review DOL will request that NIOSH continue to perform dose

reconstructions for cases with non-specified cancers for the SEC class time period based

solely on medical x-ray dose. Also, for any cases with a specified cancer that do not

meet the 250 work day or cancer latency period criteria, DOL will request that NIOSH

perform a dose reconstruction based solely on medical x-ray dose.

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IAAP Radio2raohers. 1948 - 1949:

Department of Energy (DOE) employees or DOE contractor or

subcontractor employees who worked as radiographers from May 1948 to

March 1949 in support of Line 1 operations at the Iowa Army

Ammunition Plant and who were employed for a number of work days

aggregating at least 250 work days, occurring under this employment or in

combination with work days within the parameters (excluding aggregate

work day requirements) established for other classes of employees

included in the SEC.

This designation became effective on September 24, 2005, as provided for under 42

V.S.C. § 7384/(14)(C). Hence, beginning on September 24,2005, members of this class

of employees, defined as reported in this notice, became members of the SEC.

A report attached to Secretary Leavitt's letter, entitled "HHS Designation of Additional

Members of the Special Exposure Cohort," provided the supporting rationale for

designating radiographers who supported Line 1 operations at the Iowa Army

Ammunition Plant (IAAP), Burlington, Iowa, from May 1948 to March 1949.

Section IV, "Designation Findings," summarized NIOSH's finding that "... it lacks

access to sufficient infonnation to either estimate the maximum radiation dose for every

type of cancer for which radiation doses are reconstructed that could have been incurred

under plausible circumstances by any member of the class, or to estimate the radiation

doses of members of the class more precisely than a maximum dose estimate with

sufficient accuracy."

The discussion further notes, "NIOSH found that there is insufficient information to

estimate either the maximum radiation dose incurred by the workers defmed in the class

or to estimate such radiation doses more precisely than a maximum dose estimate.

Additional information is needed on the radiological sources, shielding, and the

radiography process of radiographic operations during the period May 1948 - March

1949 to reconstruct doses using surrogate data from later time periods. NIOSH

concluded that it is not feasible to estimate with sufficient accuracy the external doses

incurred by these radiographers at lAAP during the time period in question"

The Secretary of Health and Human Services has detemlined that it is not feasible to

undertake dose reconstructions for radiographers who supported Line 1 operations at the

Iowa Army Ammunition Plant from May 1948 through March 1949.

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Thus, NIOSH should return all cases concerning workers in this SEC class to the

Department of Labor Denver District Office for the Office of Workers' Compensation

Programs to complete adjudication as appropriate.

Sincerely,

I~ --- \...~ 111. lu~

Peter M. Turcic

Director, Division of Energy Employees

Occupational Illness Compensation

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